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Ordinance No. 2347 <br />Accessory Dwelling Units and Development Code Cleanup <br />May 2, 2017 <br />Page 2 of 9 <br /> <br /> <br />newly enacted legislation, the local agency’s existing regulations become null and void, <br />and the local agency is required to apply the State standards until a conforming <br />ordinance is adopted. Ordinance No. 2347 is proposed to amend the City’s ADU <br />regulations to comply with State law. <br />A second aspect of Ordinance No. 2347 addresses minor code cleanups needed to fix <br />typographical errors and inconsistencies that have been noted in the course of <br />implementing the updated Development Code that became effective in December 2016. <br />Accessory Dwelling Units (“ADUs”), also known as second units, granny flats, in-law <br />suites, or guest houses, are secondary homes on a property already containing a <br />primary dwelling. Such units are defined generally as independent, self-contained <br />dwelling units with kitchen and bathroom facilities. The State of California and other <br />housing advocacy groups see ADUs as an important affordable housing option. <br />California’s second-unit law was first enacted in 1982 in California Government Code <br />Section 65852.2, and was significantly amended in 2002 with AB 1866 to encourage the <br />creation of second-units while maintaining local control and flexibility. The purpose of <br />the State’s new second-unit law is to provide for additional housing opportunities in an <br />efficient, affordable, sustainable manner. The intent is to remove barriers and ensure <br />that local regulations are not, “. . . so arbitrary, excessive, or burdensome so as to <br />unreasonably restrict the ability of homeowners to create accessory dwelling units in <br />zones in which they are authorized by local ordinance.” (California Department of <br />Housing and Community Development Memorandum - December 2016). <br />The rising cost of housing and the lack of availability of a variety of affordable housing <br />types have been extensively discussed by the State Legislature in recent years, with the <br />shortage of affordable housing emerging as a critical issue. The purpose of the newly <br />enacted legislation is to provide additional opportunities for affordable housing in <br />California and further reduce barriers to the development of ADUs. The existing ADU <br />law includes several provisions that limit a local jurisdiction’s ability to regulate many <br />aspects of ADUs, and the new legislation further preempts local regulation. <br />The text of California Government Code Section 65852.2 with AB 2299 and SB 1069 <br />incorporated is provided as Attachment No. 2. In general, the changes address parking, <br />type and size of units, review and approval procedures, covenants, and utility <br />requirements. Some of the more significant changes in the State law are as follows: <br />1. Parking standards for new ADUs are reduced to zero spaces under certain <br />circumstances (e.g., within ½ mile of public transportation, located in an historic <br />district, is part of an existing primary residence, or when a “car-share” vehicle is <br />located within one block). <br />2. ADUs are exempt from any discretionary planning process if the ADU meets <br />specified criteria. <br /> <br /> <br />